Disclaimers and Limitation of Liability
Except for any written warranties that may be provided with devices you purchase from XPIN Network, to the extent permitted by law, XPIN Network makes no express or implied representations or warranties, including any implied warranties of merchantability or fitness for a particular purpose. Use your Services, devices, or any applications accessed through the device with caution. XPIN Network does not warrant that your device or Services will operate perfectly or without interruptions or viruses. XPIN Network does not warrant that your device will not require occasional upgrades or modifications, nor that it will not be negatively affected by network-related modifications, upgrades, or similar activities. XPIN Network does not warrant that your communications are private or secure. It is illegal for unauthorized persons to intercept your communications, but such interceptions may occur, and XPIN Network assumes no responsibility for any such occurrences.
You agree:
XPIN Network is not an insurer of the Services and cannot ensure the accuracy of your information or the privacy or security of your XPIN Network account;
XPIN Network has no control over the actions and conduct of third parties;
XPIN Network is not responsible for any losses arising from the use by you or a third party of your XPIN Network wireless network in connection with authentication or verification sources for any social media, email, financial, cryptocurrency, or other accounts.
Except for fraud or willful misconduct, to the maximum extent permitted by law, XPIN Network is not liable for any losses that may be caused by the Services it provides. Without limiting the generality of the foregoing, you agree that XPIN Network and its network services are not responsible for losses caused by your inability to make or access any other emergency services. You also agree that XPIN Network and its network services are not responsible for missed or deleted voicemails or other messages, nor for any lost or deleted information (such as pictures). To the maximum extent permitted by law, both you and we agree to limit claims for damages or other monetary remedies against each other and our network providers to direct and actual damages, regardless of the theory of liability. This means that neither party will seek any indirect, special, consequential, treble, or punitive damages from the other party arising from our Services (including provision or failure to provide the same), any device, or otherwise in connection with this service agreement or its subject matter, in any form of action, and regardless of whether we have been advised or otherwise might have anticipated the possibility of such damages. These excluded damages include but are not limited to damages arising from unauthorized access or alteration of your account, Services, or device, or from your or another's use of your account or device Services to authenticate, access, use, or alter third-party accounts, including but not limited to financial, cryptocurrency, or social media accounts. This limitation and waiver also applies to any claims you may bring against any other party to the extent we would be required to indemnify that party for such claims. In any event, to the maximum extent permitted by law, our liability to you for any claims you may bring against us for damages or other monetary remedies is strictly limited to no more than the amount you actually paid us for the Services giving rise to the damage or other liability in the three (3) months prior to the event giving rise to the claim. In addition, in any event, both you and we agree that all claims must be brought within two (2) years of the date the claim arises.
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